Davol, Bard Seek Judgment on the Pleadings in Bellwether Hernia Mesh Action

COLUMBUS, Ohio — Davol Inc. and C.R. Bard Inc. have moved for judgment on the pleadings in the third bellwether hernia mesh case to go to trial, arguing the evidence does not show that it inadequately warned the plaintiff’s surgeon that their product could cause a chronic inflammatory response in patients.

In an Oct. 31 motion, the companies further argued that plaintiff Aaron Stinson did not present competent evidence of a safer alternative design to their PerFix Plug that would have avoided his injuries.

Opening arguments took place on Oct. 16 before Judge Edmund A. Sargus of the U.S. District …